Atwa Ram vs Bandhu Ram (Died) Through Legal ...
2022 Latest Caselaw 7059 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               SA No. 251 of 2020

    Atwa Ram Versus Bandhu Ram (Died) Through Legal Heirs and another




23.11.2022         Mr. H.B. Agrawal, Senior Advocate with Mrs. Swati Agrawal,

             Counsel for the appellant.

                   Mr. Jai Prakash Shukla, Counsel for the respondent No. 1.

Mr. Sanjeev K. Agrawal, P.L. for the State.

Heard on admission.

On due consideration, this appeal is admitted for final hearing

on the following Substantial Question of law:

A. Whether, the subsequent suit filed by the respondent/plaintiff is not maintainable considering the fact that earlier suit filed by respondent/plaintiff was already dismissed for want of prosecution?

Issue notice to the respondent No. 1 on admission as well as

I.A. No. 1 of 2020, an application under Order 41 Rule 5 of CPC.

Mr. Jai Prakash Shukla, Advocate accepts notice on behalf of

respondent No. 1.

Counsel for the respondent No. 1 prays for and is granted two

week's time to submit reply.

Meanwhile, it is directed that the effect and operation of the

impugned Judgment dated 24.12.2019 passed in Civil Appeal No. 8-

A/2018 by District Judge, Jashpur (C.G.), shall remain stayed till the

next date of hearing.

List this case after four weeks.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh